The President exercises the executive authority, together with the other members of the Cabinet, by

implementing national legislation except where the Constitution or an Act of Parliament provides otherwise;

developing and implementing national policy;

co-ordinating the functions of state departments and administrations;

preparing and initiating legislation; and

performing any other executive function provided for in the Constitution or in national legislation.

86. Election of President

At its first sitting after its election, and whenever necessary to fill a vacancy, the National Assembly must elect a woman or a man from among its members to be the President.

The Chief Justice must preside over the election of the President, or designate another judge to do so. The procedure set out in Part A of Schedule 3 applies to the election of the President.

[Sub-s. (2) substituted by s. 6 of Act No. 34 of 2001.]

An election to fill a vacancy in the office of President must be held at a time and on a date determined by the Chief Justice, but not more than 30 days after the vacancy occurs.

[Sub-s. (3) substituted by s. 6 of Act No. 34 of 2001.]

87. Assumption of office by President

When elected President, a person ceases to be a member of the National Assembly and, within five days, must assume office by swearing or affirming faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

88. Term of office of President

The President's term of office begins on assuming office and ends upon a vacancy occurring or when the person next elected President assumes office.

No person may hold office as President for more than two terms, but when a person is elected to fill a vacancy in the office of President, the period between that election and the next election of a President is not regarded as a term.

89. Removal of President

The National Assembly, by a resolution adopted with a supporting vote of at least two thirds of its members, may remove the President from office only on the grounds of

a serious violation of the Constitution or the law;

serious misconduct; or

inability to perform the functions of office.

Anyone who has been removed from the office of President in terms of subsection (1) (a) or (b) may not receive any benefits of that office, and may not serve in any public office.

When the President is absent from the Republic or otherwise unable to fulfil the duties of President, or during a vacancy in the office of President, an office-bearer in the order below acts as President:

The Speaker, until the National Assembly designates one of its other members.

An Acting President has the responsibilities, powers and functions of the President.

Before assuming the responsibilities, powers and functions of the President, the Acting President must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

A person who as Acting President has sworn or affirmed faithfulness to the Republic need not repeat the swearing or affirming procedure for any subsequent term as Acting President during the period ending when the person next elected President assumes office.

any number of Deputy Ministers from among the members of the National Assembly; and

no more than two Deputy Ministers from outside the Assembly,to assist the members of the Cabinet, and may dismiss them.

Deputy Ministers appointed in terms of subsection (1) (b) are accountable to Parliament for the exercise of their powers and the performance of their functions.

[S. 93 substituted by s. 7 of Act No. 34 of 2001.]

94. Continuation of Cabinet after elections

When an election of the National Assembly is held, the Cabinet, the Deputy President, Ministers and any Deputy Ministers remain competent to function until the person elected President by the next Assembly assumes office.

95. Oath or affirmation

Before the Deputy President, Ministers and any Deputy Ministers begin to perform their functions, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.

96. Conduct of Cabinet members and Deputy Ministers

Members of the Cabinet and Deputy Ministers must act in accordance with a code of ethics prescribed by national legislation.

Members of the Cabinet and Deputy Ministers may not

undertake any other paid work;

act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or

use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.

The President may assign to a Cabinet member any power or function of another member who is absent from office or is unable to exercise that power or perform that function.

99. Assignment of functions

A Cabinet member may assign any power or function that is to be exercised or performed in terms of an Act of Parliament to a member of a provincial Executive Council or to a Municipal Council. An assignment

must be in terms of an agreement between the relevant Cabinet member and the Executive Council member or Municipal Council;

must be consistent with the Act of Parliamentin terms of which the relevant power or function is exercised or performed; and

takes effect upon proclamation by the President.

100. National intervention in provincial administration

When a province cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including -

issuing a directive to the provincial executive, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; and

assuming responsibility for the relevant obligation in that province to the extent necessary to

maintain essential national standards or meet established minimum standards for the rendering of a service;

maintain economic unity;

maintain national security; or

prevent that province from taking unreasonable action that is prejudicial to the interests of another province or to the country as a whole.

[Sub-s. (1) substituted by s. (2) (b) of Act No. 3 of 2003.]

If the national executive intervenes in a province in terms of subsection (1)(b)

it must submit a written notice of the intervention to the National Council of Provinces within 14 days after the intervention began;

the intervention must end if the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and

the Council must, while the intervention continues, review the intervention regularly and make any appropriate recommendations to the national executive.

[Sub-s. (2) substituted by s. (2) (c) of Act No. 3 of 2003.]

National legislation may regulate the process established by this section.

[S 100 amended by s. (2) (a) of Act No. 3 of 2003.]

101. Executive decisions

A decision by the President must be in writing if it

is taken in terms of legislation; or

has legal consequences.

A written decision by the President must be countersigned by another Cabinet member if that decision concerns a function assigned to that other Cabinet member.

Proclamations, regulations and other instruments of subordinate legislation must be accessible to the public.

National legislation may specify the manner in which, and the extent to which, instruments mentioned in subsection (3) must be

tabled in Parliament; and

approved by Parliament.

102. Motions of no confidence

If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the Cabinet excluding the President, the President must reconstitute the Cabinet.

If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the President, the President and the other members of the Cabinet and any Deputy Ministers must resign.

Footnotes

Until 30 April 1999, s. 84 is deemed to contain sub-s. (3) as set out in Annex B to Sch 6. See Sch 6 item 9 (2). (Back)

Until 30 April 1999, s. 89 is deemed to contain sub-s. (3) as set out in Annex B to Sch 6. See Sch 6 item 9 (2). (Back)

Until 30 April 1999, s. 90 (1) (a) is deemed to read as set out in Annex B to Sch 6. See Sch 6 item 9 (2). (Back)

Until 30 April 1999, s. 91 is deemed to read as set out in Annex B to Sch 6. See Sch 6 item 9 (2). (Back)

Until 30 April 1999, s. 93 is deemed to read as set out in Annex B to Sch 6. See Sch 6 item 9 (2). (Back)

Until 30 April 1999, s. 96 is deemed to contain sub-ss. (3) - (6) as set out in Annex B to Sch 6. See Sch 6 item 9 (2) (Back)